LML4805
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 16 August 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …August 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
Briefly explain the differences between a representation and a warranty; between an affirmative warranty
and a promissory (continuing) warranty; between a warranty of fact and a warranty of knowledge; and
between a warranty of fact and a warranty of opinion. Give examples to illustrate the differences for all
four comparisons.
ANSWER:
In contract law, distinctions between various types of representations and warranties are crucial for
determining the rights and obligations of the parties involved. Understanding these differences
helps clarify the legal consequences of statements made during contractual negotiations and the
contract's execution. This essay will explore the differences between a representation and a
warranty, an affirmative warranty and a promissory (continuing) warranty, a warranty of fact and a
warranty of knowledge, and a warranty of fact and a warranty of opinion, providing examples to
illustrate these distinctions.
Representation vs. Warranty
A representation is a statement of fact made by one party to induce another party to enter into a
contract. The key feature of a representation is its role in the pre-contractual phase; it influences
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 16 August 2024
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no
later than …August 2024. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION 1
Briefly explain the differences between a representation and a warranty; between an affirmative warranty
and a promissory (continuing) warranty; between a warranty of fact and a warranty of knowledge; and
between a warranty of fact and a warranty of opinion. Give examples to illustrate the differences for all
four comparisons.
ANSWER:
In contract law, distinctions between various types of representations and warranties are crucial for
determining the rights and obligations of the parties involved. Understanding these differences
helps clarify the legal consequences of statements made during contractual negotiations and the
contract's execution. This essay will explore the differences between a representation and a
warranty, an affirmative warranty and a promissory (continuing) warranty, a warranty of fact and a
warranty of knowledge, and a warranty of fact and a warranty of opinion, providing examples to
illustrate these distinctions.
Representation vs. Warranty
A representation is a statement of fact made by one party to induce another party to enter into a
contract. The key feature of a representation is its role in the pre-contractual phase; it influences
